Executors are entitled to a reimbursement of out of pocket expenses they incur in carrying out their duties as an executor and a commission so as to reimburse them for their time and efforts. If there is no amount specified by a Will, then the consent of all beneficiaries affected will be required, otherwise the commission will need to be approved by the Supreme Court. The Supreme Court may … [Read more...]

Spouses (including domestic partners and those of the same sex), ex spouses, children, grandchildren and in certain circumstances parents, siblings and step-children may have a claim against the estate on the basis they have not been adequately provided for and are in need. A claim must be commenced within six (6) months from the date of the grant of Probate. The likelihood of success of any … [Read more...]

The executor will need to file taxation returns not only for the deceased but for the estate. If complicated Testamentary Trusts are created by the Will, ongoing financial and accounting advice is critical to the lawful and effective administration of the estate. … [Read more...]

A grant of Probate is the official recognition by the Court of the right of the personal representative named to administer the estate of a deceased person. If there is no Will, or it has been lost or destroyed, then an administrator is required to be appointed by the Court to effect administration of the estate. … [Read more...]

Insurance must be maintained on certain assets during administration. Assets may need to be moved and stored indefinitely. Executors may be liable for any financial loss caused to these assets if not stored properly. Before a final distribution of the estate, expert valuations may be required of some assets such as jewellery, motor vehicles, art works, antiques and other unusual items. … [Read more...]

Determining who the beneficiaries are in a Will may not be as simple as it sounds. The Will may contain complicated clauses that require interpretation or guidance and directions from the Supreme Court. A Will may not dispose of the entire assets of the estate. A partial intestacy arises and beneficiaries not named in the Will may inherit. … [Read more...]